O.C. 411/2004

A.R. 193/2004

September 8, 2004

The Lieutenant Governor in Council makes the Exemption Amendment Regulation set out in the attached Appendix.

For Information only

Recommended by: Minister of Justice and Attorney General

Authority: Alberta Personal Property Bill of Rights Act
(section 5)

APPENDIX

Alberta Personal Property Bill of Rights Act

EXEMPTION AMENDMENT REGULATION

1   The Exemption Regulation (AR 125/99) is amended by this Regulation.

2   Section 2 is amended by adding the following after clause (a):

(a.1) the Climate Change and Emissions Management Act;

3   Section 3 is amended

(a) by repealing clauses (h) and (i);

(b) in clause (k) by striking out “this” and substituting “that”;

(c) by adding the following after clause (s):

(s.1) sections 31 and 31.1 of the Forest and Prairie Protection Act;

(d) by repealing clauses (ii) and (jj);

(e) by adding the following after clause (mm):

(mm.1) section 29 of the Public Health Act;

(f) by repealing clause (nn);

(g) by adding the following after clause (oo):

(oo.1) sections 69(8), 77, 127, 141, 142 and 170 to 173 of the Traffic Safety Act, and any other provision that authorizes the seizure, removal or immobilization of a vehicle under that Act;

(h) in clause (rr) by striking out “section 7” and substituting “sections 7 and 48”.

4   Section 4 is amended

(a) in clause (a)(i) by adding “the Alberta Income Tax Act, the Alberta Personal Income Tax Act,” after “the Alberta Corporate Tax Act,”;

(b) by repealing clauses (b) and (c) and substituting the following:

(b) an order of the Minister to take possession and control of the assets of a registered corporation under the Loan and Trust Corporations Act;

(b.1) any act of an administrator, a provisional liquidator or the Minister under the Loan and Trust Corporations Act;

(c) an order of the Minister or the Credit Union Deposit Guarantee Corporation placing a credit union under supervision or an order of that Corporation placing a credit union under administration under the Credit Union Act;

(c.1) any act of an administrator, a provisional liquidator, a liquidator, the Credit Union Deposit Guarantee Corporation or the Minister under the Credit Union Act;

(c) by repealing clause (e) and substituting the following:

(e) money payable to the Minister of Finance pursuant to a written notice issued under the Alberta Corporate Tax Act, the Alberta Income Tax Act, the Alberta Personal Income Tax Act, the Fuel Tax Act, the Hotel Room Tax Act or the Tobacco Tax Act;

(d) by repealing clause (g) and substituting the following:

(g) seizure by a liquidator under the Securities Act;

5   Section 5 is amended by adding the following after clause (b):

(c) the Vehicle Seizure and Removal Regulation (AR 323/2002).

6   Section 6 is repealed and the following is substituted:

Exempt matters under regulations

6   Section 2 of the Act does not apply in respect of the following matters:

(a) orders issued under the authority of sections 8 and 11 of the Communicable Diseases Regulation (AR 238/85);

(b) the capture, destruction or other disposal of an animal under section 18 of the General Regulation (AR 102/85).

Exempt provisions of regulations

6.1   Section 2 of the Act does not apply in respect of the provisions of the following regulations:

(a) sections 9, 13, 14 and 24 of the Conservation and Reclamation Regulation (AR 115/93);

(b) sections 1 1(2), 12, 23, 47 and 48 of the Correctional Institution Regulation (AR 205/2001);

(c) section 4 of the Environmental Protection and Enhancement (Miscellaneous) Regulation (AR 118/93);

(d) sections 8, 15, 36, 37, 48 and 49 of the Exploration Regulation (AR 214/98);

(e) section 12(3) of the Horse Capture Regulation (AR 59/94);

(f) sections 12 and 13 of the Metallic and Industrial Minerals Exploration Regulation (AR 213/98);

(g) section 4 of the Nuisance and General Sanitation Regulation (AR 243/2003);

(h) section 31 of the Pesticide Sales, Handling, Use and Application Regulation (AR 24/97);

(i) section 20(2) of the Vegetable Sales Regulation (AR 105/97);

(j) sections 33 and 36(4) of the Waste Control Regulation (AR 192/96);

(k) section 70 of the Water (Ministerial) Regulation (AR 205/98);

(l) sections 9 to 11, 14, 17, 25, 28, 35, 36, 40, 43, 44, 55, 57, 69, 74, 92 to 97, 102, 104, 115 and 120 of the Dispositions and Fees Regulation (AR 54/2000).